We recognize that many of our parents and caretakers may be called to active duty in the United States’ military. If you are called to active duty, you are protected under the Servicemembers Civil Relief Act (SCRA), formerly called the Soldiers’ and Sailors’ Civil Relief Act. The purpose of the SCRA is to allow United States military personnel to devote their full attention to the defense of our nation by temporarily suspending judicial and administrative civil proceedings that may impact their rights.

Military ProtectionsSome of the protections you may be entitled to under the SCRA are:

Stay of ProceedingsYou may be entitled to place court proceedings on hold for a certain period of time. This is called a “stay” of proceedings. You must show that you cannot attend the proceeding due to military service.

Stay of Execution (Enforcement) of a JudgmentA service member can request that the court stop the execution of a judgment, attachment, or garnishment order. You must show the court that the military service prevented you from complying with the judgment and that the support case began prior to, during, or within 90 days after your military service.

Expedited Modification of SupportIf you have a child support obligation, or are receiving child support payments for a child in your custody, and are being deployed out-of-state, you have an opportunity to request a review and possible modification of the child support order before you deploy. For more information, see Notice to All Custodial Parties and Non-Custodial Parents Deploying Out of State.

Interest ReductionYou may request that the interest rate being charged on past due child support that accrued prior to your deployment be reduced to 6% for the duration of your deployment. To be eligible for a reduction in the interest rate, you must prove that your activation to military service has a “material effect” on your ability to pay the usual, state-mandated interest rate of 10%. Generally, this would be the case if you were earning more before your deployment.

Military Qualified Debt Reduction Program (Military COAP)The Military COAP Program allows for qualifying debt owed to the government to be reduced in certain cases. Eligibility is limited to a Reservist or a member of the National Guard whose income decreased due to activation to military service. For more information, see Debt Reduction Program (COAP).

For AssistanceFor assistance or to find out more about your rights, you may contact the Judge Advocate General’s Corps Legal Assistance Officer or the Family Law Facilitator in the county where you are stationed or living.